SB2224 94TH GENERAL ASSEMBLY

LRB094 15324 JAM 51085 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2224

Introduced 1/11/2006, by Sen. George P. Shadid

SYNOPSIS AS INTRODUCED:

10 ILCS 5/6-21	from Ch. 46, par. 6-21
10 ILCS 5/6-22	from Ch. 46, par. 6-22
10 ILCS 5/6A-3	from Ch. 46, par. 6A-3

Amends the Election Code. Provides that the board of election commissioners of a municipality with a population according to the 2000 federal census of at least 90,000 and no more than 130,000 shall have 5 (now, 3) members. Effective January 1, 2007.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 6-21, 6-22, and 6A-3 as follows:

(10 ILCS 5/6-21) (from Ch. 46, par. 6-21)

Sec. 6-21. In every city, village and incorporated town so adopting this Article 6 and Articles 14 and 18 of this Act there shall be created a board of election commissioners. The board in a city, village, or incorporated town with a population according to the 2000 federal census not less than 90,000 and not greater than 130,000 shall be composed of 5 members, and the board in any other city, village, or incorporated town , which shall be composed of 3 members, each of whom shall be designated as an election commissioner, and shall be appointed by the circuit court in the county in which such city, village or incorporated town shall be located. Each person appointed as an election commissioner shall at the time of such appointment have been a resident of the State of Illinois for the 2 years last past, except that the appointing court may waive the 2 year residence requirement for good cause shown and entered of record. And such appointment shall be entered of record in such court, and when qualified such commissioner shall be an officer of such court. The first appointment of such commissioners shall be within 60 days after the adoption of said Articles, and those first appointed shall hold their offices for the period of 1, 2 and 3 years, respectively, and the judge appointing them shall designate the term for which each one shall hold his office, whether for 1, 2 or 3 years. The 2 commissioners appointed pursuant to this amendatory Act of the 94th General Assembly shall be appointed within 60 days after the effective date of this amendatory Act of the 94th General Assembly; the terms of those 2 initial appointees shall conclude on the day in the second calendar year after their appointment that the term of a commissioner of that board appointed before the effective date of this amendatory Act of the 94th General Assembly concludes. If the office of either commissioner shall become vacant, it shall thereupon be the duty of such court to appoint within 60 days a successor for such unexpired term; within 60 days after the expiration of the term for which each commissioner is appointed such court shall, in the same way, nominate and appoint a successor, who shall hold his office for the period of 3 years, and until his successor is appointed.

A board of election commissioners is not a unit of local government within the meaning of Section 8 of Article VII of the Constitution of 1970. Appointments of election commissioners on and after July 1, 1971, shall continue to be made by the circuit court in the same manner as before that date.

(Source: P.A. 82-1014.)

(10 ILCS 5/6-22) (from Ch. 46, par. 6-22)

Sec. 6-22. Political party representation. On a 3-member board of election commissioners, 2 Two of such commissioners at least shall always be selected from the 2 leading political parties of the state, one from each of such parties. On a 5-member board of election commissioners, 3 commissioners shall always be selected from the same political party represented by the county officer who received the greatest number of votes in the city, village, or incorporated town at the most recent election at which county officers were elected. All commissioners , and all shall be legal voters residing in such city, village or incorporated town, and be persons of well known political convictions and of approved integrity and capacity. No commissioner can hold any other political office. Whenever it shall come to the knowledge of the court that the requirements of this Section for political party representation on the board are not met one of the leading political parties of the state is not represented upon such commission by a person of the same political faith, the court shall at once remove one of such commissioners as necessary and fill the vacancy or vacancies with a member of the appropriate leading political party or parties to meet the requirements of this Section not so represented.

(Source: P.A. 80-656.)

(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)

Sec. 6A-3. If the county board adopts an ordinance providing for the establishment of a county board of election commissioners, or if a majority of the votes cast on a proposition submitted in accordance with Section 6A-2 are in favor of a county board of election commissioners, a 3-member county board of election commissioners shall be appointed in the same manner as is provided in Article 6 for 3-member boards of election commissioners in cities, villages and incorporated towns, except that the county board of election commissioners shall be appointed by the chairman of the county board rather than the circuit court. However, before any appointments are made, the appointing authority shall ascertain whether the county clerk desires to be a member of the county board of election commissioners. If the county clerk so desires, he shall be one of the members of the county board of election commissioners, and the appointing authority shall appoint only 2 other members.

(Source: P.A. 91-358, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect January 1, 2007.